The grievance of the writ-applicant is two fold. First, with respect to the attachment of his bank account in exercise of powers under Section-83 of the CGST Act, 2017 and secondly, with respect to withholding of the refund of IGST paid in regard to the goods exported i.e. 'Zero Rated Supplies' made vide shipping bills.
Section 16 of the IGST Act, 2017 — Refund-—–The applicant prayed for direction holding the proceedings initiated by Respondent of provisional attachment of bank account as without authority of law and therefore quashed, directing the respondent authorities to immediately sanction the refund of IGST paid in regard to the goods exported. The court observed that on 25/02/2021 the statutory time period for keeping the bank account attached would come to an end. In such circumstances, the bank account attached as on date would get defreezed by efflux of time. As regards second issue, the respondent submitted that a preliminary inquiry as regard the dealings of the applicant has revealed that he is one of the 'risky exporters' and the inquiry is still in progress.
Held that:- The Hon’ble High Court directed the concerned department to complete the inquiry within a period of eight weeks and take an appropriate decision in accordance with law.
The grievance of the writ-applicant is two fold. First, with respect to the attachment of his bank account in exercise of powers under Section-83 of the CGST Act, 2017 and secondly, with respect to withholding of the refund of IGST paid in regard to the goods exported i.e. 'Zero Rated Supplies' made vide shipping bills.
Section 16 of the IGST Act, 2017 — Refund-—–The applicant prayed for direction holding the proceedings initiated by Respondent of provisional attachment of bank account as without authority of law and therefore quashed, directing the respondent authorities to immediately sanction the refund of IGST paid in regard to the goods exported. The court observed that on 25/02/2021 the statutory time period for keeping the bank account attached would come to an end. In such circumstances, the bank account attached as on date would get defreezed by efflux of time. As regards second issue, the respondent submitted that a preliminary inquiry as regard the dealings of the applicant has revealed that he is one of the 'risky exporters' and the inquiry is still in progress.
Held that:- The Hon’ble High Court directed the concerned department to complete the inquiry within a period of eight weeks and take an appropriate decision in accordance with law.